Memo

TITLE OF BILL: An act to amend the penal law, in relation to issuing permits for outdoor use of certain consumer fireworks

PURPOSE OR GENERAL IDEA OF BILL: Allows the possession and outdoor use of consumer fireworks by a person holding a valid permit issued by a local municipality.

SUMMARY OF SPECIFIC PROVISIONS: Creates a new section, Sec. 405.02, of the Penal Law, as follows:

Part 1. Allows that consumer fireworks may be possessed and used outdoors by a person holding a valid permit issued by a local municipality.

Part 2. A city, village or town will be authorized to issue or deny a permit and collect a fee for said permit for the outdoor use of consumer fireworks. Fees will be determined by the local municipality and defined at a reasonable rate. Said permit may be issued to an individual who is eighteen years of age or older. The local municipality may choose to deny or revoke the permit for space, weather, risk of fire or other specific safety concerns. If the permit is denied, the issuing body shall state in writing the reason therefore.

Part 3. "Permissible consumer fireworks" shall mean and include "mine" devices, which are heavy cardboard or paper tubes usually attached to a wooden or plastic base and containing not more than sixty grams of total chemical composition. The term "mine" refers to a device with no internal components containing a bursting charge. A mine device may contain more than one tube provided the tubes fire in sequence upon ignition of one external fuse; and "cake" devices, which refers to a dense-packed collection of mine tubes, the total chemical composition of which may not exceed two hundred grams. The maximum quantity of lift charge in anyone tube of a mine device shall not exceed twenty grams, and the maximum quantity of break or bursting charge in any component shall not exceed twenty-five percent of the total weight of chemical composition in the component. Also permitted are "multiple tube devices" which are devices containing more than one cardboard tube, whereby the ignition of one external fuse causes all of the tubes to function in sequence.

Part 4. The use and possession of consumer fireworks shall not be subject to the provisions of Part 61 of the NYCRR or to sections 480, 481, 482, or 483 of the general business law.

3.1.3.2 and in 16CFR, and ground based fireworks as defined in APA sections 87-1, 3.1.1.1 through 3.1.1.8 and 3.2 through 3.3, or any devices deemed a violation of any local ordinances.

Part 7. Prohibits the issuing of permits for consumer fireworks in cites with a population of over one million people.

Section 2. Amends subdivision 2 of section 270.00 of the penal law to allow those persons holding a lawful permit to use permissible consumer fireworks.

Section 3. Adds a new subdivision 6 to Section 405 of the penal law to exempt the provisions of such section to the use and possession of permissible consumer fireworks.

Section 4. States the effective date.

JUSTIFICATION: This bill is being proposed to:

1) define permissible consumer fireworks; 2) provide for the sale and possession of permissible consumer fireworks; 3) provide authorization at the local municipal level (less than a million population) to issue permits for the outdoor use of permissible consumer fireworks; 4) provide for additional state revenues; 5) foster job opportunities and economic growth pertaining to permissible consumer fireworks.

Attendance at public displays has decreased in recent years and the current ban is widely flouted. Significant changes have been made in federal regulations by banning large explosive devices which prove to be the most harmful (i.e. ashcans, cherry bombs, silver saluted, etc.). These were the items that caused the most injuries prior to the New York State ban in 1940. The federal government established strict safety standards for consumer fireworks in 1976.

In addition, the fireworks industry has established standards that exceed federal guidelines, and are active participants in the importation of safe fireworks into this country. Beginning in 1994, the American Fireworks Standards Laboratory began its Quality Improvement Program, which includes the testing of the consumer fireworks products at the factory level in China before the products are permitted to be exported to the United States.

United States Consumer Product Safety Commission (CPSC) statistics show that mines or "cakes" are the safest of all fireworks. They have a better safety record than public displays. These multiple tube devices go up "hot" but are "cold" by the time they reach the ground, thus alleviating the concern for fires.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Substantial generation of new sales tax revenue for the State of New York. Generation of additional permit revenues for local municipalities with a population of less than one million people. Increased job opportunities and economic growth.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
6856
IN SENATE
March 29, 2012
___________

Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to issuing permits for
outdoor use of certain consumer fireworks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 405.02 to
read as follows:
S 405.02 PERMITS FOR OUTDOOR USE OF CERTAIN CONSUMER FIREWORKS.
1. NOTWITHSTANDING THE PROVISIONS OF SECTION 270.00 OF THIS CHAPTER
CONSUMER FIREWORKS AS DEFINED IN THIS SECTION MAY BE POSSESSED AND USED
OUTDOORS BY A PERSON HOLDING A VALID PERMIT ISSUED BY A LOCAL MUNICI-
PALITY UNDER THIS SECTION.
2. THE PERMIT AUTHORITY OF A CITY, VILLAGE OR TOWN MAY UPON APPLICA-
TION IN WRITING AND THE PAYMENT OF A REASONABLE FEE NOT TO EXCEED FIFTY
DOLLARS, AS DETERMINED BY THE PERMITTING AUTHORITY, ISSUE A PERMIT FOR
THE OUTDOOR USE OF PERMISSIBLE CONSUMER FIREWORKS AS DEFINED IN THIS
SECTION. A PERMIT MAY BE ISSUED TO A PERSON WHO IS EIGHTEEN YEARS OF
AGE OR OLDER. THE PERMIT AUTHORITY SHALL RESERVE THE RIGHT TO DENY OR
REVOKE ANY PERMIT FOR WEATHER, SPACE, RISK OF FIRE OR OTHER SPECIFIC
SAFETY CONCERNS. IN THE EVENT THE PERMIT IS DENIED, THE ISSUING BODY
SHALL STATE IN WRITING THE REASON THEREFOR.
3. "PERMISSIBLE CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE:
(A) (I) "MINE" DEVICES, WHICH ARE HEAVY CARDBOARD OR PAPER TUBES
USUALLY ATTACHED TO A WOODEN OR PLASTIC BASE AND CONTAINING NOT MORE
THAN SIXTY GRAMS OF TOTAL CHEMICAL COMPOSITION (LIFT CHARGE, BURST
CHARGE, AND VISIBLE/AUDIBLE EFFECT COMPOSITION). UPON IGNITION STARS,
COMPONENTS PRODUCING REPORTS CONTAINING UP TO ONE HUNDRED THIRTY MILLI-
GRAMS OF EXPLOSIVE COMPOSITION PER REPORT, OR OTHER DEVICES, ARE
PROPELLED INTO THE AIR. THE TERM MINE REFERS TO A DEVICE WITH NO INTER-
NAL COMPONENTS CONTAINING A BURSTING CHARGE. A MINE DEVICE MAY CONTAIN
MORE THAN ONE TUBE PROVIDED THAT THE TUBES FIRE IN SEQUENCE UPON
IGNITION OF ONE EXTERNAL FUSE; AND

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13958-05-2

S. 6856 2

(II) "CAKE" DEVICES, WHICH REFER TO A DENSELY-PACKED COLLECTION OF
MINE TUBES, THE TOTAL CHEMICAL COMPOSITION OF WHICH MAY NOT EXCEED TWO
HUNDRED GRAMS, INCLUDING LIFT CHARGES. THE MAXIMUM QUANTITY OF LIFT
CHARGE IN ANY ONE TUBE OF A MINE DEVICE SHALL NOT EXCEED TWENTY GRAMS,
AND THE MAXIMUM QUANTITY OF BREAK OR BURSTING CHARGE IN ANY COMPONENT
SHALL NOT EXCEED TWENTY-FIVE PERCENT OF THE TOTAL WEIGHT OF CHEMICAL
COMPOSITION IN THE COMPONENT; AND
(III) "MULTIPLE TUBE DEVICES" WHICH ARE DEVICES CONTAINING MORE THAN
ONE CARDBOARD TUBE, WHEREBY THE IGNITION OF ONE EXTERNAL FUSE CAUSES ALL
OF THE TUBES TO FUNCTION IN SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY
ATTACHED TO A WOOD BASE OR PLASTIC BASE, OR ARE DENSELY-PACKED AND HELD
TOGETHER BY GLUE, WIRE, STRING OR OTHER MEANS THAT SECURELY HOLDS THE
TUBES TOGETHER DURING OPERATION. MULTIPLE TUBE DEVICES ARE NORMALLY
LIMITED TO A MAXIMUM OF TWO HUNDRED GRAMS OF TOTAL PYROTECHNIC COMPOSI-
TION FOR APPROVAL AS FIREWORKS. THE WEIGHT OF CHEMICAL COMPOSITION PER
TUBE IS LIMITED TO THE WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN
THE TUBE. THE CONNECTING FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN
SEQUENCE SO THAT THE TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE.
WHEN THE TUBES ARE SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND THE
TUBES ARE SEPARATED FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT
LEAST ONE-HALF INCH, A MAXIMUM TOTAL WEIGHT OF FIVE HUNDRED GRAMS OF
PYROTECHNIC COMPOSITION SHALL BE PERMITTED; AND
(B) WHICH IS SUITABLE FOR USE BY THE PUBLIC BY COMPLYING WITH THE
CONSTRUCTION, PERFORMANCE, COMPOSITION AND LABELING REQUIREMENTS PROMUL-
GATED BY THE CONSUMER PRODUCT SAFETY COMMISSION (CPSC) IN 16 CFR, RELAT-
ING TO COMMERCIAL PRACTICE, OR ANY SUCCESSOR REGULATION, AND WHICH
COMPLIES WITH THE PROVISIONS FOR "CONSUMER FIREWORKS" AS DEFINED IN THE
AMERICAN PYROTECHNICS ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION OR
ANY SUCCESSOR STANDARD.
4. THE USE AND POSSESSION OF CONSUMER FIREWORKS SHALL NOT BE SUBJECT
TO THE PROVISIONS OF PART 61 OF TITLE 12 OF THE NYCRR OR TO SECTION FOUR
HUNDRED EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR
HUNDRED EIGHTY-THREE OF THE GENERAL BUSINESS LAW.
5. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO
PERMIT:
(A) THE USE OF SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCKETS,
HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, SHELL DEVICES, AERIAL SHELL
KITS (RELOADABLE TUBES), FIRECRACKERS AND CHASERS AS DEFINED IN APA
SECTIONS 87-1, 3.1.2.1 THROUGH 3.1.2.4, 3.1.2.5 (SHELL DEVICES) AND
3.1.2.6 THROUGH 3.1.3.2 AND IN 16 CFR, AND GROUND BASED FIREWORKS AS
DEFINED IN APA SECTIONS 87-1, 3.1.1.1 THROUGH 3.1.1.8 AND 3.2 THROUGH
3.3; OR
(B) THE HOLDER TO VIOLATE ANY OTHER LOCAL ORDINANCES.
6. THIS SECTION SHALL NOT APPLY TO CITIES WITH A POPULATION OF ONE
MILLION OR MORE PEOPLE.
S 2. Subdivision 2 of section 270.00 of the penal law, as amended by
chapter 180 of the laws of 1997, is amended to read as follows:
2. Offense. (a) Except as herein otherwise provided, or except where a
permit is obtained pursuant to section 405.00 OR 405.02; (i) any person
who shall offer or expose for sale, sell or furnish, any fireworks or
dangerous fireworks is guilty of a class B misdemeanor;
(ii) any person who shall offer or expose for sale, sell or furnish
any fireworks or dangerous fireworks valued at five hundred dollars or
more shall be guilty of a class A misdemeanor;
(b) (i) Except as herein otherwise stated, or except where a permit is
obtained pursuant to section 405.00 OR 405.02, any person who shall

S. 6856 3

possess, use, explode or cause to explode any fireworks or dangerous
fireworks is guilty of a violation.
(ii) A person who shall offer or expose for sale, sell or furnish, any
dangerous fireworks to any person who is under the age of eighteen is
guilty of a class A misdemeanor.
(iii) A person who has previously been convicted of a violation of
subparagraph (ii) of this paragraph within the preceding five years and
who shall offer or expose for sale, sell or furnish, any dangerous fire-
works to any person who is under the age of eighteen, shall be guilty of
a class E felony.
(c) Possession of fireworks or dangerous fireworks valued at [fifty]
ONE THOUSAND dollars or more shall be a presumption that such fireworks
were intended to be offered or exposed for sale.
S 3. Section 405.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. SECTION NOT APPLICABLE TO CONSUMER FIREWORKS. THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO THE USE AND POSSESSION OF PERMISSIBLE
CONSUMER FIREWORKS AS SUCH TERM IS DEFINED IN SECTION 405.02 OF THIS
ARTICLE.
S 4. This act shall take effect immediately.

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